On August 7, in SW General Inc. v. NLRB 2015 US App LEXIS 13812, a federal appellate court ruled that the January 5, 2011 appointment of Lafe Solomon as Acting General Counsel to the NLRB violated the Federal Vacancies Reform Act 5 U.S.C. Sections 3345 et. seq. (FVRA) (PDF). For that reasons it held that
Noel Canning
NLRB Acts in Response to Supreme Court’s Noel Canning Decision
By Steven M. Swirsky on
Posted in NLRB Developments
The National Labor Relations Board has been busy since the Supreme Court’s June 26th Noel Canning decision trying to address the issues and uncertainty resulting from the Court’s holding that recess appointments of Board members on January 4, 2012, were invalid because the Senate was not actually in recess. As we pointed out in our…
Two for One: Noel Canning and D.R. Horton Continue to Generate Waves at the NLRB
By Steven M. Swirsky, Adam C. Abrahms & D. Martin Stanberry on
Posted in NLRB Developments, Uncategorized
By: Steven M. Swirsky, Adam C. Abrahms, and D. Martin Stanberry
In case you were hoping that the Supreme Court’s recent decision in Noel Canning would finally put to bed any questions regarding President Obama’s recess appointments to the NLRB, or that the Fifth Circuit’s rejection of the Board’s decision in D.R. Horton…
All NLRB Decisions and Actions From August 27, 2011 Through July 17, 2013 Are Invalid or in Doubt
By Epstein Becker Green on
Posted in NLRB Developments
By: Adam C. Abrahms, Kara M. Maciel, Steven M. Swirsky, and Mark M. Trapp
The U.S. Supreme Court today held that the US Senate was not in recess on January 4, 2012, when President Obama made three “recess” appointments to the National Labor Relations Board under the Constitution’s Recess Appointment Clause. In…
President Obama Nominates Three Members to National Labor Relations Board – But Will the Senate Confirm?
By Epstein Becker Green on
Posted in NLRB Developments
by: Adam C. Abrahms, James S. Frank, Kara M. Maciel, and Steven M. Swirsky
President Obama has taken action designed to bolster the National Labor Relations Board’s continuing move to bolster unions and take the National Labor Relations Act further into non-union workplaces. On April 9, 2013, President Obama announced his plan…